8654-15ORDINANCE NO. 8654 -15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES,
DELETING XXIII. TREE PROTECTION; AND MAKING AMENDMENTS
TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 2, CHART 2 -100, ADDING BREWPUBS, COMMUNITY
GARDENS, MICROBREWERIES AND URBAN FARMS AS PERMITTED
USES; AMENDING ARTICLE 2, SECTIONS 2 -102, 2 -202, 2 -302, 2-402,
2 -502, 2 -702, 2 -902, AND 2 -1202, ADDING COMMUNITY GARDENS AS
A MINIMUM STANDARD DEVELOPMENT USE; AMENDING ARTICLE
2, SECTIONS 2 -703 AND 2 -704, ADDING BREWPUBS AND
MICROBREWERIES AS FLEXIBLE STANDARD DEVELOPMENT USES
AND MAKING OTHER MINOR CORRECTIONS; AMENDING ARTICLE
2, SECTIONS 2 -802, 2 -803, AND 2 -902, ADDING BREWPUBS AS A
FLEXIBLE STANDARD DEVELOPMENT USE AND MAKING OTHER
MINOR CORRECTIONS; AMENDING ARTICLE 2, SECTION 2 -1302,
ADDING URBAN FARMS AS A MINIMUM STANDARD DEVELOPMENT
USE; AMENDING ARTICLE 2, SECTION 2 -1303, ADDING
MICROBREWERIES AS A FLEXIBLE STANDARD DEVELOPMENT
USE; AMENDING ARTICLE 3, SECTION 3 -201, PROVIDING
ACCESSORY USE STANDARDS FOR COMMUNITY GARDENS;
AMENDING ARTICLE 3, SECTION 3 -601, PROVIDING INCREASED
FLEXIBILITY IN DEVIATIONS FOR DOCK LENGTH FOR SINGLE -
FAMILY AND TWO- FAMILY DWELLINGS; AMENDING ARTICLE 3,
SECTION 3 -903, PROVIDING AN EXCEPTION TO PARKING LOT
SETBACK REQUIREMENTS; AMENDING ARTICLE 3, SECTION 3-
1202, MODIFYING MINIMUM PLANT MATERIAL STANDARDS,
MODIFYING THE SPECIES OF TREES THAT ARE PROHIBITED,
PROHIBITING CITRUS TREES AS REQUIRED LANDSCAPE
MATERIALS, EXPANDING THE STANDARDS FOR IRRIGATION,
MODIFYING PERIMETER LANDSCAPING REQUIREMENTS BY
INCLUDING THE PROVISION OF PERIMETER WALLS IN CERTAIN
CIRCUMSTANCES, MODIFYING INTERIOR LANDSCAPING
REQUIREMENTS TO CLARIFY THAT COMMUNITY GARDENS
CANNOT COUNT TOWARD PERIMETER, INTERIOR, OR
FOUNDATION LANDSCAPING REQUIREMENTS, AND ESTABLISHING
A GRADING SYSTEM FOR THE EVALUATION OF EXISTING TREES;
AMENDING ARTICLE 3, SECTION 3 -1205, CLARIFYING THAT CITRUS
TREES DO NOT REQUIRE A PERMIT FOR REMOVAL AND
MODIFYING THE TREE /PALM REPLACEMENT PROVISIONS FOR
SINGLE - FAMILY AND TWO- FAMILY PROPERTIES; AMENDING
ARTICLE 3, SECTION 3 -1403, ALLOWING FOR GRASS PARKING AT
COMMUNITY GARDENS AND PROVIDING FOR A SEPARATION
REQUIREMENT BETWEEN GRASS PARKING AND TREES;
AMENDING ARTICLE 3, SECTION 3 -2103, ACKNOWLEDGING
PINELLAS COUNTY'S ADOPTED TEMPORARY EMERGENCY
HOUSING ORDINANCE; AMENDING ARTICLE 3, ADDING SECTION
26, COMMUNITY GARDENS AND URBAN FARMS, WHICH PROVIDES
FOR REGULATIONS SPECIFIC TO COMMUNITY GARDENS AND
URBAN FARMS; AMENDING ARTICLE 4, SECTION 4 -604, PROVIDING
STANDARDS FOR NON - CONTIGUOUS ANNEXATIONS; AMENDING
ARTICLE 4, SECTION 4 -702, CLARIFYING THAT FLEXIBLE
STANDARD APPROVAL IS REQUIRED FOR PRELIMINARY PLATS;
AMENDING ARTICLE 4, SECTION 4 -1002, MODIFYING A SECTION
REFERENCE; AMENDING ARTICLE 8, SECTION 8 -102 ADDING
DEFINITIONS FOR THE TERMS AQUAPONIC SYSTEMS,
BREWERIES, BREWPUBS, COMMUNITY GARDENS, HYDROPONIC
SYSTEMS, MICROBREWERIES, MICRO - DISTILLERIES, MICRO -
WINERIES, TAPROOM, TASTING ROOM, AND URBAN FARMS, AS
WELL AS MODIFYING THE DEFINITION FOR THE TERM RETAIL
PLAZAS; AMENDING APPENDIX A - SCHEDULE OF FEES, RATES
AND CHARGES, V., BUILDINGS AND BUILDING REGULATIONS, TO
PROVIDE A FEE STRUCTURE FOR TREE REMOVAL PERMITS;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Clearwater recognizes that the quality of food, health, and the
natural environment are interconnected; and
WHEREAS, on December 14, 2011 the City of Clearwater City Council approved
Resolution #11 -5 adopting Clearwater Greenprint, a sustainability plan for the City of Clearwater
that calls for amending the Community Development Code to allow for and support community
gardens; and
WHEREAS, community gardening presents a significant opportunity for learning,
experimenting, and knowledge sharing within the community, and by creating a supportive
environment for urban agriculture, the City will facilitate the delivery of a valuable and unique set
of services and products, create economic activity, and strengthen its sustainable community
image; and
WHEREAS, brewpubs, microbreweries and micro - distilleries have become viable
business entities that enhance the communities in which they are located by providing jobs and
economic growth; and
WHEREAS, brewpubs, microbreweries and micro - distilleries often use local ingredients
in the production of beers and spirits further enhancing the economic impact on the region; and
WHEREAS, a more flexible annexation process is appropriate and desirable within
Pinellas County given the highly urban character of the county, which distinguishes it from many
of Florida's other counties; and
WHEREAS, the cities of Clearwater, Dunedin, Largo, Kenneth City, Pinellas Park, Safety
Harbor, St. Petersburg, Seminole, and Tarpon Springs, along with Pinellas County have all
Ordinance No. 8654 -15 Page 2
come to an agreement to enter into an interlocal service boundary agreement ( "ISBA ") for future
annexations within Type A enclaves; and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Appendix A — Schedule of Fees, Rates and Charges, XXIII. Tree
Protection, Code of Ordinances, be deleted in its entirety with subsections re- lettered as
appropriate:
XXIII. REE °PROT€C
Romoval:
{1) Permit fee (§ 52.32):
For removal of 1 5 trees 15.00
Per tree over 5 3.00
{2) Fee for appeal following denial of permit (§ 52.31) 25.00
{1) Special inspection fee 25.00
Section 2. That Article 2, Zoning Districts, Chart 2 -100, Permitted Uses, Community
Development Code, be, and that same is hereby amended to read as follows:
LD
Accessory dwellings
X
X
X
X
X
1R
X
C01)
Attached dwellings
X
X
X
X
X
X
X
Community residential homes
X
X
X
X
X
X
X
Detached dwellings
X
X
X
X
X
X
X
X
Mobile homes
X
Mobile home parks
X
Residential infill projects
X
X
X
X
X
X
Adult uses
X
X
Airport
X
Alcoholic beverage sales
X
X
X
Ordinance No. 8654 -15
Page 3
Animal boarding
X
X
X
Assisted living facilities
X
X
X
X
Automobile service stations
X
X
Bars
X
X
X
X
Brewpubs
X
X
X
Cemeteries
X
Community gardens
X
X
X
X
X
X
X
X
Comprehensive infill redevelopment
Project (CIRP)
X
X
X
X
X
X
X
Congregate care
X
X
X
X
Convention center
X
Educational facilities
X
X
X
X
Governmental uses
X
X
X
X
X
X
Halfway houses
X
Hospitals
X
Indoor recreation/entertainment
X
X
X
X
Light assembly
X
Manufacturing
X
Marinas
X
Marinas and marina facilities
X
X
X
X
Medical clinic
X
X
X
X
Microbreweries
X
X
Mixed use
X
X
X
X
Nightclubs
X
X
X
X
Non - residential off - street parking
X
X
X
X
Nursing homes
X
X
X
X
Offices
X
X
X
X
X
X
Off -street parking
X
X
Open space
X
Outdoor recreation /entertainment
X
X
X
X
Outdoor retail sales, display and/or
storage
X
Outdoor storage
X
Overnight accommodations
X
X
X
X
X
X
X
X
Parking garages and lots
X
X
X
X
X
X
Parks and recreation facilities
X
X
X
X
X
X
X
X
X
X
X
X
Places of worship
X
X
X
X
Planned medical campus
X
Planned medical campus project
X
Problematic uses
X
Public facility
X
X
Publishing and printing
X
Public transportation facilities
X
X
X
X
X
X
X
Research and technology use
X
Residential shelters
X
X
Ordinance No. 8654 -15
Page 4
Resort Attached Dwellings
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
X
Rear
Community Gardens
n/a
n/a
10
5
5
n/a
Restaurants
Community Residential Homes
(6 or fewer residents)11l
10,000
100
25
10
X
X
X
X
20,000
X
X
10
20
30
Retail plazas
X
X
X
Retail sales and services
X
X
X
X
X
X
X
X
RV parks
X
Salvage yards
X
Schools
X
X
X
X
X
X
X
X
Self - storage warehouse
X
X
Social and community centers
X
X
X
X
Social/public service agencies
X
X
X
X
Telecommunications towers
X
X
X
X
X
TV /radio studios
X
X
Urban farms
X
Utility/infrastructure facilities
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Vehicle sales /displays
X
X
Vehicle sales /displays, limited
X
X
Vehicle sales /displays, major
X
Vehicle service
X
Vehicle service, limited
X
Vehicle service, major
X
Veterinary offices
X
X
X
X
Wholesale /distribution/warehouse
facility
X
Section 3. That Article 2, Zoning Districts, Division 1, Low Density Residential
District, Section 2 -102, Minimum Standard Development, Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2 -102. Minimum standard development.
The following uses are Level One permitted uses in the LDR District subject to the minimum
standards set out in this Section and other applicable provisions of Article 3.
Table 2 -102. "LDR" District Minimum Development
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear
Community Gardens
n/a
n/a
10
5
5
n/a
n/a
Community Residential Homes
(6 or fewer residents)11l
10,000
100
25
10
20
30
2 /unit
Detached Dwellings
20,000
100
25
10
20
30
2 /unit
(1) Community residential homes shall not be located within 1,000 feet of one another.
* * * * * * * * **
Ordinance No. 8654 -15
Page 5
Section 4. That Article 2, Zoning Districts, Division 2, Low Medium Density
Residential District, Section 2 -202, Minimum Standard Development, Community Development
Code, be, and the same is hereby amended to read as follows:
Section 2 -202. Minimum standard development.
The following uses are Level One permitted uses in the LMDR District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2 -202. "LMDR' District Minimum Standard Development
Use
Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear"
Community Gardens
n/a
n/a
10
5
5
n/a
n/a
Community Residential Homes
(up to 6 residents) (2)
5,000
50
25
5
10
30
2 /unit
Detached Dwellings
5,000
50
25
5
10
30
2 /unit
(1)
Waterfront detached dwellings in LMDR District should be 25 feet except as provided in
Article 3 Division 8, Section 3 -805 and Division 9, Section 3 -904 and except where
adjacent structures on either side of the parcel proposed for development are setback 20
feet and then the rear setback shall be 20 feet. The Building Code may require the rear
setback to be at least 18 feet from a seawall.
(2) Community residential homes shall not be located within 1,000 feet of one another.
* * * * * * * * * *
Section 5. That Article 2, Zoning Districts, Division 3, Medium Density Residential
District ( "MDR "), Section 2 -302, Minimum Standard Development, Community Development
Code, be, and the same is hereby amended to read as follows:
Section 2 -302. Minimum standard development.
The following uses are Level One permitted uses in the MDR District subject to the minimum
standards set out in this Section and other applicable provisions of Article 3.
Table 2 -302. "MDR" District Minimum Standard Development
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Real')
Community Gardens
n/a
n/a
10
5
5
n/a
n/a
Community Residential Homes
(up to 6 residents) (2)
5,000
50
25
5
5
30
2 /unit
Detached Dwellings
5,000
50
25
5
5
30
2 /unit
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
(2) Community residential homes shall not be located within 1,000 feet of one another.
* * * * * * * * **
Ordinance No. 8654 -15
Page 6
Section 6. That Article 2, Zoning Districts, Division 4, Medium High Density
Residential District ( "MHDR "), Section 2 -402, Minimum Standard Development, Community
Development Code, be, and the same is hereby amended to read as follows:
Section 2-402. Minimum standard development.
The following uses are Level One permitted uses in the MHDR District subject to the minimum
standards set out in this Section and other applicable provisions of Article 3.
Table 2 -402. "MHDR" Minimum Standard Development
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear(1)
Attached Dwellings
15,000
150
25
10
15
30
2 /unit
Community Gardens
n/a
n/a
10
5
5
n/a
n/a
Community Residential Homes
(6 or fewer residents) (2)
5,000
50
25
10
15
30
1.5 /unit
Detached Dwellings
15,000
150
25
10
15
30
1.5 /unit
(1)
The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from any seawall.
(2) Community residential homes shall not be located within 1,000 feet of one another.
* * * * * * * * * *
Section 7. That Article 2, Zoning Districts, Division 5, High Density Residential
District ( "HDR "), Section 2 -502, Minimum Standard Development, Community Development
Code, be, and the same is hereby amended to read as follows:
Section 2 -502. Minimum standard development.
The following uses are Level One permitted uses in the HDR District subject to the minimum
standards set out in this Section and other applicable provisions of Article 3.
Table 2 -502. "HDR" Minimum Standard Development
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear(1)
Attached Dwellings
15,000
150
25
10
15
30
2 /unit
Community Gardens
n/a
n/a
10
5
5
n/a
n/a
Community Residential Homes
(6 or fewer units) (2)
5,000
50
25
10
15
30
1.5 /unit
Detached Dwellings
15,000
150
25
10
15
30
1.5 /unit
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 from
a seawall.
(2) Community residential homes shall not be located within 1,000 feet of one another.
* * * * * * * * * *
Ordinance No. 8654 -15
Page 7
Section 8. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
702, Minimum Standard Development, Community Development Code, be, and the same is
hereby amended to read as follows:
Table 2 -702. "C" District Minimum Development Standards
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft.)
Max.
Height
(ft.)
Min.
Front
(ft.)
Min.
Side
(ft)
Min.
Rear
(ft.)
Min. Off - Street
Parking Spaces
Community Gardens
n/a
n/a
n/a
15
5
5
n/a
Governmental Uses(1)
10,000
100
25
25
10
20
4/1,000 SF GFA
Indoor Recreation/
Entertainment
10,000
100
25
25
10
20
5/1000 SF GFA
or 5 /lane,
2 /court or
1 /machine
Mixed Use
10,000
100
25
25
10
20
Based upon
specific use
requirements
Offices
10,000
100
25
25
10
20
3/1,000 SF GFA
Overnight Accommodations
40,000
200
25
25
10
20
1 /unit
Parks and Recreational
Facilities
n/a
n/a
25
25
10
20
1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Places of Worship
40,000
200
25
25
10
20
1 per 2 seats
Restaurants
10,000
100
25
25
10
20
12/1,000 SF
GFA
Retail Plazas
15,000
100
25
25
10
20
4/1,000 SF GFA
Retail Sales and Services
10,000
100
25
25
10
20
5/1,000 SF GFA
Social and Community Centers
10,000
100
25
25
10
20
5/1,000 SF GFA
Vehicle Sales /Display
40,000
200
25
25
10
20
2.5/1,000 SF
Lot Sales Area
Veterinary Offices
10,000
100
25
25
10
20
4 spaces per
1,000 GFA
* * * * * * * * **
Section 9. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code, be, and the same is
hereby amended to read as follows with subsections re- lettered as appropriate:
Table 2 -703. "C" District Flexible Standard Development Standards
Ordinance No. 8654 -15
Page 8
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft.)
Max.
Height
(ft.)
Min.
Front
(ft)
Min.
Side
(ft)
Min.
Rear
(ft)
Min. Off - Street
Panting Spaces
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 space per unit
Adult Uses
5,000
50
25
25
10
20
5 per 1,000
GFA
Alcoholic Beverage Sales
10,000
100
25
25
10
20
5 per 1,000
GFA
Automobile Service Stations
10,000
100
25
25
10
20
5/1,000 SF GFA
Bars
10,000
100
25
25
10
20
10 per 1,000
GFA
Brewpubs
3,500—
30-100
25-50
25
0-10
10—
1.5/1,000 GFA
10.000
20
dedicated to
brewery
operations and
support
services; and 7-
12/1.000 GFA
for all other use
area
Educational Facilities(1)
40,000
200
25
25
10
20
1 per 2 students
Governmental Uses(1)
10,000
100
25-50
25
10
20
4 spaces per
1,000 GFA
Indoor
Recreation /Entertainment
5,000—
10,000
50-100
25
25
10
20
3- 5/1000 SF
GFA or 3-
5 /lane, 1-
2 /court or
1 /machine
Medical Clinics(1)
10,000
100
25
25
10
20
5/1,000 GFA
Microbreweries
3.500 -
30 - 100
25 - 50
25
0 - 10
10 -
1.5/1,000 GFA
10.000
20
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Mixed Use
5,000—
10,000
50-100
25-50
25
0-10
10—
20
Based upon
specific use
requirements
Nightclubs
10,000
100
25
25
10
20
10 per 1,000
GFA
Offices
3,500—
10,000
30-100
25-50
25
0-10
10—
20
3/1,000 SF GFA
Off - Street Parking
10,000
100
n/a
25
10
20
n/a
Outdoor Retail Sales, Display
and /or Storage
20,000
100
25
25
10
20
5 per 1,000 SF
of outdoor
display area
Overnight Accommodations
20,000—
40,000
150—
200
25-50
25
0-10
10—
20
1 per unit
Places of Worship(2)
20,000—
40,000
100—
200
25-50
25
10
20
.5 -1 per 2 seats
Public Transportation
Facilities(3)
n/a
n/a
10
n/a
n/a
n/a
n/a
Ordinance No. 8654 -15
Page 9
Restaurants
3,500—
10,000
30-100
25-50
25
0-10
10—
20
7 -12 spaces
per 1,000 GFA
Retail Plazas
15,000
100
25-50
25
0-10
10—
20
4 spaces per
1,000 GFA
Retail Sales and Services
3,500—
10,000
30-100
25-50
25
0-10
10—
20
4-5 spaces per
1,000 GFA
Schools (5)
40,000
200
25
25
0-10
10—
20
1 per 3 students
Social and Community Centers
(1)
3,500—
10,000
35-100
25-35
25
0-10
10—
20
4-5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4)
n/a
n/a
20
25
10
20
n/a
Vehicle Sales /Displays
20,000—
40,000
150—
200
25
25
10
20
2.5 spaces per
1,000 of lot
sales area
Veterinary Offices
5,000—
10,000
50—
100
25
15—
25
0—
10
10—
20
4 spaces per
1,000 GFA
Flexibility criteria:
* * * * * * * * * *
* * * * * * * * * *
F. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and kegging lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks;
2. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
4. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles:
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance and
landscaped areas are in excess of the minimum required.
9. Off - street parking:
a. The reduction in off - street parking is justified by the reasonably
anticipated automobile usage by visitors to the subject property; and
b. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
* * * * * * * * * *
K. Micro breweries.
Ordinance No. 8654 -15 Page 10
1. The parcel proposed for development is not contiguous to a parcel of land which
is designated as residential in the Zoning Atlas;
2. The parcel proposed for development is not located within 500 feet of a parcel of
land used for purposes of a place of worship or a public or private school unless
the intervening land uses, structures or context are such that the location of the
microbrewery is unlikely to have an adverse impact on such school or use as a
place of worship.
3. No more than 75 percent of the total gross floor area shall be used for the
brewery function including, but not limited to, the brewhouse, boiling and water
treatment areas, bottling and kegging lines, malt milling and storage,
fermentation tanks, conditioning tanks and serving tanks;
4. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
5. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
6. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
7. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
8. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance and
landscaped areas are in excess of the minimum required.
9. Off - street parking:
a. The reduction in off - street parking is justified by the reasonably
anticipated automobile usage by visitors to the subject property; and
b. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subiect property.
* * * * * * * * * *
Section 10. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code, be, and the same is hereby
amended to read as follows with subsections re- lettered as appropriate:
Section 2 -704. - Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Table 2 -704. "C" District Flexible Development Standards
Ordinance No. 8654 -15
Page 11
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height
(ft.)
Min.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Min. Off - Street
Parking
Alcoholic Beverage Sales
5,000—
50-100
25
15—
0-10
10—
5 per 1,000
10,000
25
20
GFA
Animal Boarding
5,000—
50-100
25
15—
0-10
10—
4 spaces per
10,000
25
20
1,000 GFA
Bars
5,000—
50-100
25
15—
0-10
10—
10 per 1,000
10,000
25
20
GFA
Brewpubs
3,500 -
30 - 100
25 - 50
15 -
0 - 10
10 -
1.5/1.000 GFA
10.000
25
20
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Comprehensive Infill
Redevelopment Project
n/a
n/a
n/a
n/a
n/a
n/a
Determined by
the community
development
coordinator
based on the
specific use
and /or ITE
Manual
standards
Indoor
3,500—
30-100
25-50
15—
0-10
10—
3- 5/1000 SF
Recreation /Entertainment
10,000
25
20
GFA or 3-
5 /lane, 1-
2 /court or
1 /machine
Light Assembly
5,000—
50-100
25
15—
0-10
10—
4-5 spaces per
10,000
25
20
1,000 GFA
Limited Vehicle Service
5,000—
50-100
25
15—
0-10
10—
4-5 spaces per
10,000
25
20
1,000 GFA
Marinas and Marina Facilities
5,000—
50
25
25
10
20
1 space per 2
20,000
slips
Microbreweries
3.500 -
30 - 100
25 - 50
15 -
0 - 10
10 -
1.5/1,000 GFA
10.000
25
20
dedicated to
brewery
operations and
SUDD0rt
services; and 7-
12/1,000 GFA
for all other use
area
Mixed Use
5,000—
50-100
25-50
15—
0-10
10—
Based upon
10,000
25
20
specific use
requirements
Nightclubs
5,000—
50-100
25
15—
0-10
10—
10 per 1,000
10,000
25
20
GFA
Offices
3,500—
30-100
25-50
15—
0-10
10—
3/1,000 SF GFA
10,000
25
20
Off- Street Parking
10,000
100
n/a
15—
0-10
10—
n/a
25
20
Outdoor
20,000
100
25
15—
10
10—
1 -10 per 1,000
Recreation /Entertainment
25
20
SC) FT of land
area or as
determined by
the community
Ordinance No. 8654 -15
Page 12
Flexibility criteria:
* * * * * * * * * *
* * * * * * * * * *
D. BrewDubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and keggina lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks;
2. Anv overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
4. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance;
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any buildingby emergency vehicles;
Ordinance No. 8654 -15 Page 13
development
coordinator
based on ITE
Manual
standards
Overnight Accommodations
20,000—
100—
25-50
15—
0-10
10—
1 per unit
40,000
200
25
20
Problematic Uses
5,000
50
25
15—
10
10—
5 spaces per
25
20
1,000 SF GFA
Restaurants
3,500 —
36--140
25-50
15—
0-10
10—
7 - 12 spaces
10,000
30 - 100
25
20
per 1,000 GFA
Retail Plazas
15,000
100
25-50
15—
0-10
10—
4 spaces per
25
20
1,000 GFA
Retail Sales and Services
3,500—
30-100
25-50
15—
0-10
10—
4-5 spaces per
10,000
25
20
1,000 GFA
RV Parks
40,000
200
25
15—
20
10—
1 space per RV
25
20
space
Schools (2)
30,000—
100—
25-50
15—
0-10
10—
1 per 3 students
40,000
200
25
20
Self Storage
20,000
100
25
15—
10
10—
1 per 20 units
25
20
plus 2 for
manager's
office
Social /Public Service
5,000—
50-100
25-50
15—
0-10
10—
3-4 spaces per
Agencies(1)
10,000
25
20
1,000 GFA
Telecommunication Towers
10,000
100
Refer
25
10
20
n/a
to
section
3 -2001
Vehicle Sales /Displays
10,000—
100—
25
15—
10
10—
2.5 spaces per
40,000
200
25
20
1,000 SQ FT of
lot area
Flexibility criteria:
* * * * * * * * * *
* * * * * * * * * *
D. BrewDubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and keggina lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks;
2. Anv overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
4. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance;
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any buildingby emergency vehicles;
Ordinance No. 8654 -15 Page 13
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance and
landscaped areas are in excess of the minimum required;
9. Off - street parking:
a. The reduction in off - street parking is iustified by the reasonably
anticipated automobile usage by visitors to the subject property; and
b. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
* * * * * * * * * *
J. Microbreweries.
1. The parcel proposed for development is not contiguous to a parcel of land which
is designated as residential in the Zoning Atlas;
2. The parcel proposed for development is not located within 500 feet of a parcel of
land used for purposes of a place of worship or a public or private school unless
the intervening land uses, structures or context are such that the location of the
microbrewery is unlikely to have an adverse impact on such school or use as a
place of worship.
3. No more than 75 percent of the total gross floor area shall be used for the
brewery function including, but not limited to, the brewhouse, boiling and water
treatment areas, bottling and kegging lines, malt milling and storage,
fermentation tanks, conditioning tanks and serving tanks;
4. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
5. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
6. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
7. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
8. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance and
landscaped areas are in excess of the minimum required.
9. Off - street parking:
a. The reduction in off - street parking is justified by the reasonably
anticipated automobile usage by visitors to the subject property; and
b. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
* * * * * * * * **
Ordinance No. 8654 -15 Page 14
Section 11. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -802,
Flexible Standard Development, Community Development Code, be, and the same is hereby
amended to read as follows with subsections re- lettered as appropriate:
Section 2-802. - Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Table 2 -802. "T" District Flexible Standard Development Standards
Use'
Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height'
(ft.)
Min. Setbacks (ft.)"
Min. Off - Street
Parking
Min.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 /unit
Alcoholic Beverage Sales
5,000
50
35
10—
15
10
20
5 per 1,000
GFA
Attached Dwellings(6)
10,000
100
35-50
10—
15
10
10—
20
2 per unit
Bars
5,000
50
35
15
10
20
10 per 1,000
GFA
Brewpubs
5.000—
50-100
35-50
0-15
0-10
10—
1.5/1,000 GFA
10.000
20
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Governmental Uses(2)
10,000
100
35-50
10—
15
0-10
10—
20
3- 4/1,000 GFA
Indoor
Recreation /Entertainment
5,000
50
35-50
0-15
0-10
20
10 per 1,000
GFA
Medical Clinic
10,000
100
35-50
10—
15
10
20
5/1,000 GFA
Mixed Use
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
Based upon
specific use
requirements
Nightclubs
5,000
50
35
15
10
20
10 per 1,000
GFA
Non-Residential Off-Street
Parking
n/a
n/a
n/a
25
5
10
n/a
Offices
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
3/1,000 SF GFA
Outdoor
Recreation /Entertainment
5,000
50
35
10—
15
10
20
2.5 spaces per
1,000 sq. ft. of
lot area or as
determined by
the community
development
director based
on ITE Manual
standards
Ordinance No. 8654 -15
Page 15
Overnight Accommodations
20,000
100—
150
35-50
10—
15
0-10
10—
20
1.2 per unit
Parking Garages and Lots
20,000
100
50
15—
25
10
10—
20
n/a
Parks and Recreation Facilities
n/a
n/a
50
25
10
20
1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Public Transportation
Facilities(3)
n/a
n/a
10
n/a
n/a
n/a
n/a
Resort Attached Dwellings(6)
10,000
100
35-50
10—
15
10
10—
20
1.5 per unit
Restaurants
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
7 -12 spaces
per 1,000
GFA(5)
Retail Plazas
15,000
100
35-50
0-15
0-10
10—
20
4 spaces per
1,000 GFA
Retail Sales and Services
5,000—
10,000
50-100
35 - 50
0-15
0-10
10—
20
4-5 spaces per
1,000 GFA(5)
Social and Community Center
5,000—
10,000
50-100
35-50
10—
15
0-10
10—
20
4-5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4)
n/a
n/a
n/a
25
10
10
n/a
Flexibility criteria:
* * * * * * * * * *
* * * * * * * * * *
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and kegaing lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks:
2. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
4. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance:
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles:
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance and
landscaped areas are in excess of the minimum required.
Ordinance No. 8654 -15 Page 16
7. Off- street parking:
a. When located on Clearwater Beach, adequate off - street parking is
available on a shared basis as determined by all existing land uses within
1,000 feet of the parcel proposed for development, or parking is available
through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14; or
b. The reduction in off - street parking is iustified by the reasonably
anticipated automobile usage of visitors to the subject property; and
c. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
8. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
* * * * * * * * **
Section 12. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -803,
Flexible Development, Community Development Code, be, and the same is hereby amended to
read as follows with subsections re- lettered as appropriate:
Section 2-803. - Flexible development.
The following uses are Level Two permitted uses in the T District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Table 2 -803. "T" District Flexible Development Standards
Use'
Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height
(ft.)'
Min.
Front
(ft.)'
Min.
Side
(ft.)'
Min.
Rear
(ft.)'
Min. Off - Street
Parking
Alcoholic Beverage Sales
5,000
50
35—
100
0-15
0-10
10—
20
5 per 1,000
GFA
Attached Dwellings(3)
5,000—
10,000
50-100
35—
100
0-15
0-10
10—
20
2 per unit
Bars
5,000
50
35—
100
0-15
0-10
10—
20
10 per 1,000
GFA
Brewoubs
5.000—
50-100
35—
0-15
0-10
10—
1.5/1,000 GFA
10.000
100
20
dedicated to
brewery
operations and
support
services: and 7-
12/1,000 GFA
for all other use
area
Comprehensive Infill
Redevelopment Project
n/a
n/a
n/a
n/a
n/a
n/a
Determined by
the community
development
coordinator for
all other uses
based on the
specific use
and /or ITE
Manual
Ordinance No. 8654 -15
Page 17
Flexibility criteria:
* * * * * * * * * *
* * * * * * * * **
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and kegginq lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks;
2. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
4. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
6. Side and rear setback:
Ordinance No. 8654 -15 Page 18
standards
Limited Vehicle Sales and
5,000
50
35—
0-15
0-10
10—
4-5 spaces per
Display
100
20
1,000 GFA
Marinas and Marina Facilities
5,000
50
25
10—
0-10
10—
1 space per 2
15
20
slips
Mixed Use
5,000—
50-100
35—
0-15
0-10
0-20
Based upon
10,000
100
specific use
requirements
Nightclubs
5,000
50
35—
0-15
0-10
10—
10 per 1,000
100
20
GFA
Offices
5,000—
50-100
35—
0-15
0-10
10—
3/1,000 SF GFA
10,000
100
20
Outdoor
5,000
50
35
5-15
0-10
10—
2.5 spaces per
Recreation /Entertainment
20
1,000 SQ FT of
lot area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Overnight Accommodations(3)
10,000—
100—
35—
0-15
0-10
0-20
1 -1.2 per unit
20,000
150
100
Resort Attached Dwellings(3)
5,000—
50-100
35—
0-15
0-10
10—
1.5 per unit
10,000
100
20
Restaurants
5,000—
50-100
25—
0-15
0-10
10—
7 -12 spaces
10,000
400
20
per 1,000
35 -
GFA(2)
100
Retail Plazas
15,000
100
35—
0-15
0-10
10—
4 spaces per
100
20
1,000 GFA
Retail Sales and Services
5,000—
50-100
35—
0-15
0-10
10—
4-5 spaces per
10,000
100
20
1,000 GFA(2)
Flexibility criteria:
* * * * * * * * * *
* * * * * * * * **
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and kegginq lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks;
2. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
4. Height: The increased height results in an improved site plan, landscaping areas
in excess of the minimum required and /or improved design and appearance;
5. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
6. Side and rear setback:
Ordinance No. 8654 -15 Page 18
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance and
landscaped areas are in excess of the minimum required.
7. Off - street parking:
a. When located on Clearwater Beach, adequate off - street parking is
available on a shared basis as determined by all existing land uses within
1,000 feet of the parcel proposed for development, or parking is available
through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14; or
b. The reduction in off - street parking is justified by the reasonably
anticipated automobile usage of visitors to the subject property; and
c. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
8. The design of all buildings complies with the Tourist District design guidelines in
Division 5 of Article 3.
* * * * * * * * * *
Section 13. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code, be, and the same is
hereby amended to read as follows with subsections re- lettered as appropriate:
Section 2 -902. Flexible standard development.
The following uses are Level One permitted uses in the Downtown District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2 -902. D" Flexible Standard Development Standards
Use
Max. Height (ft.)
Min. Off - Street Parking
Accessory Dwellings
n/a
n/a
Alcoholic Beverage Sales
30-50
3-5 per 1,000 GFA
Attached Dwellings
30-50
1 -1.5 per unit
Bars
30-50
3-10 per 1,000 GFA
Brewpubs
30 -50
1/1.000 GFA dedicated to brewery operations
and support services; and 5- 10/1.000 GFA for
all other use area (1)
Community Gardens
n/a
n/a
Ordinance No. 8654 -15
Page 19
Convention Center
30-50
5 per 1,000 GFA
Indoor Recreation /Entertainment Facility
30-50
3-5 per 1,000 GFA(1)
Mixed Use
30-50
Based upon specific use requirements
Nightclubs
30-50
3-10 per 1,000 GFA
Offices
30-50
1 -3 per 1,000 GFA(1)
Overnight Accommodations
30-50
.75-1 per unit
Parking Garages and Lots
50
n/a
Parks and Recreation Facilities
50
1 per 20,000 SF or as determined by the
community development coordinator based on
ITE Manual standards
Places of Worship
30-50
.5-1 per 2 seats
Public Transportation Facilities
10
n/a
Restaurants
30-50
5-10 per 1,000 GFA(1)
Retail Plazas
30-50
4 per 1,000 GFA
Retail Sales and Service
30-50
2-4 per 1,000 GFA(1)
Social and Community Centers
30-50
2-4 per 1,000 GFA
Utility/Infrastructure Facilities
n/a
n/a
(1)
For those existing buildings /properties with frontage on Cleveland Street that are located
between Osceola Avenue and Myrtle Avenue that have no existing off - street parking
spaces, nor the ability to provide any off - street parking spaces, the use(s) of the
buildings /properties may be changed without the off - street parking that would otherwise
be required for the change of use being provided.
Flexibility criteria:
* * * * * * * * **
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall
be used for the brewery function including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and kegging lines, malt milling and
storage, fermentation tanks, conditioning tanks and serving tanks;
Ordinance No. 8654 -15
Page 20
2. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Off - street parking:
a. Adequate off - street parking is available on a shared basis as determined
by all existing land uses within 1,000 feet of the parcel proposed for
development, or parking is available through any existing or planned and
committed parking facilities or the shared parking formula in Article 2,
Division 14; or
b. The reduction in off - street parking is justified by the reasonably
anticipated automobile usage of visitors to the subject property; and
c. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
4. The design of all accessory buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
F. Community gardens.
1. The design of all accessory buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
* * * * * * * * **
Section 14. That Article 2, Zoning Districts, Division 12, Institutional District, Section
2 -1202, Community Development Code, be, and the same is hereby amended to read as
follows:
Section 2 -1202. Minimum standard development.
The following uses are Level One permitted uses in the Institutional "I" District subject to the
minimum standards set out in this Section and other applicable provisions of Article 3.
Table 2 -1202. "I" D'strict Minimum Development Standards
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear
Assisted Living Facilities
20,000
100
25
10
20
50
1 per 2 residents
Cemeteries
20,000
100
25
10
20
50
n/a
Community Gardens
n/a
n/a
15
5
5
n/a
n/a
Congregate Care
20,000
100
25
10
20
50
1 per 2 residents
Educational Facilities
40,000
200
25
10
20
50
1 per 2 students
Governmental Uses
20,000
100
25
10
20
50
4 per 1,000 SF
GFA
Ordinance No. 8654 -15
Page 21
Hospitals
5 acres
250
25
25
25
50
2/bed
Nursing Homes
20,000
100
25
10
20
50
1 per 2 residents
Places of Worship
20,000
100
25
10
20
50
1 per 2 seats
Parks and Recreation Facilities
n/a
n/a
25
10
20
50
1 per 20,000 SF
land area or as
determined by the
community
development
coordinator based
on ITE Manual
standards
Schools
40,000
200
25
10
20
50
1 per 3 students
* * * * * * * * * *
Section 15. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2 -1302, Community Development Code, be, and the same is
hereby amended to read as follows:
Section 2 -1302. - Minimum standard development.
The following uses are Level One permitted uses in the Industrial Research and Technology
"IRT" District subject to the minimum standards set out in this section and other applicable
provisions of Article 3.
Table 2 -1302. 'IRT" District Minimum Development Standards
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking Spaces
Front
Side /Rear
Accessory Dwellings
5,000
50
20
15
50
1 /unit
Governmental Uses(1)
20,000
200
20
15
50
3/1,000 SF
GFA
Indoor
Recreation /Entertainment(2)
20,000
200
20
15
50
5/1,000 SF
GFA or 5 /lane,
2 /court or
1 /machine
Manufacturing(3)
20,000
200
20
15
50
1.5/1,000 SF
GFA
Offices(4)
n/a
n/a
n/a
n/a
n/a
n/a
Outdoor Storage (accessory
use)(5)
n/a
n/a
n/a
n/a
n/a
n/a
Parks and Recreation Facilities
n/a
n/a
25
10/20
50
1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on the
Ordinance No. 8654 -15
Page 22
* * * * * * * * * *
Section 16. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2 -1303, Community Development Code, be, and the same is
hereby amended to read as follows:
Section 2 -1303. - Flexible standard development.
The following uses are Level One permitted uses in the IRT District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
Table 2 -1303. "IRT" District Flexible Standard Development Standards
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
ITE Manual
standards
Publishing and Printing
20,000
200
20
15
50
3/1,000 SF
GFA
Research and Technology
20,000
200
20
15
50
2/1,000 SF
GFA
Restaurants(6)
10,000
100
20
15
50
12 spaces per
1,000 SF GFA
Self Storage
20,000
200
20
15
50
1 per 20 units
plus 2 for
manager's
office
TV /Radio Studios
20,000
200
20
15
50
4/1000 SF GFA
Urban Farms
n/a
n/a
20
15
50
2 per acre or
brewery
fraction thereof
Vehicle Service(7)
20,000
200
20
15
50
1.5/1,000 SF
GFA
Wholesale /Distribution/
Warehouse Facility
20,000
200
20
15
50
1.5/1,000 SF
GFA
* * * * * * * * * *
Section 16. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2 -1303, Community Development Code, be, and the same is
hereby amended to read as follows:
Section 2 -1303. - Flexible standard development.
The following uses are Level One permitted uses in the IRT District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
Table 2 -1303. "IRT" District Flexible Standard Development Standards
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking Spaces
Front
Side /Rear
Animal Boarding
10,000
100
20
15
30
5/1,000 SF
GFA
Automobile Service Stations(1)
20,000
100
20
15
30
4/1000 SF GFA
Major Vehicle Service(1)
20,000
100
20
15
30
4/1000 SF GFA
Manufacturing(2)
10,000
100
20
15
50
1.5/1,000 SF
GFA
Microbreweries
5.000—
50 -100
20
15
50
1.5/1.000 GFA
10.000
dedicated to
brewery
operations and
support
services: and 7-
12/1,000 GFA
for all other use
area
Offices
20,000
200
20
15
50
3/1,000 SF
GFA
Outdoor
Recreation /Entertainment(3)
40,000
200
20
15
30
1- 10/1,000 SF
Land Area or as
Ordinance No. 8654 -15
Page 23
* * * * * * * * * *
E. Microbreweries.
1. The parcel proposed for development is not located within 500 feet of a parcel of
land used for purposes of a place of worship or a public or private school unless
the intervening land uses, structures or context are such that the location of the
microbrewery is unlikely to have an adverse impact on such school or use as a
place of worship.
2. No more than 75 percent of the total gross floor area shall be used for the
brewery function including, but not limited to, the brewhouse, boiling and water
treatment areas, bottling and kegginq lines, malt milling and storage,
fermentation tanks, conditioning tanks and serving tanks:
3. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
Ordinance No. 8654 -15
Page 24
determined by
the community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage
10,000
100
20
15
30
3/1,000 SF
GFA
Parking Lots
10,000
100
20
15
n/a
n/a
Public Facilities
10,000
100
20
15
50
1 -2 per 1,000
GFA
Public Transportation Facilities(4)
n/a
n/a
n/a
n/a
10
n/a
Publishing and Printing
10,000—
20,000
100—
200
20
15
50
3/1,000 SF
GFA
Research and Technology
10,000
100
20
15
50
2/1,000 SF
GFA
Residential Shelters(5)
5,000
50
20
15
30
3/1,000 SF
GFA
Retail Sales and Services(1)
n/a
n/a
n/a
n/a
n/a
n/a
Restaurants(6)
5,000—
10,000
50 -100
20
15
50
7 -12 spaces
per 1,000 GFA
Self Storage
10,000
100
20
15
50
1 per 20-25
units plus 2 for
manager's
office
TV /Radio Studios
10,000
100
20
15
50
4/1000 SF GFA
Utility/Infrastructure Facilities(7)
n/a
n/a
20
15
n/a
n/a
Vehicle Sales /Displays and Major
Vehicle Sales /Displays(8)
40,000
200
20
15
30
1.5/1,000 SF
Lot Sales Area
Vehicle Service(8)
10,000
100
20
15
50
1.5/1,000 SF
GFA
Veterinary Offices
10,000
100
20
15
30
5/1,000 SF
GFA
Wholesale /Distribution/Warehouse
Facility
10,000
100
20
15
50
1.5/1,000 SF
GFA
* * * * * * * * * *
E. Microbreweries.
1. The parcel proposed for development is not located within 500 feet of a parcel of
land used for purposes of a place of worship or a public or private school unless
the intervening land uses, structures or context are such that the location of the
microbrewery is unlikely to have an adverse impact on such school or use as a
place of worship.
2. No more than 75 percent of the total gross floor area shall be used for the
brewery function including, but not limited to, the brewhouse, boiling and water
treatment areas, bottling and kegginq lines, malt milling and storage,
fermentation tanks, conditioning tanks and serving tanks:
3. Any overhead doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
Ordinance No. 8654 -15
Page 24
4. Lot area and width: The reduction in lot area and /or width will not result in a
building which is out of scale with existing buildinqs in the immediate vicinity of
the parcel proposed for development.
5. Off - street parking:
a. The reduction in off - street parking is justified by the reasonably
anticipated automobile usage by visitors to the subject property; and
b. The availability of transportation modes other than the automobile,
specifically that there is access to mass transit within 1,000 feet of the
subject property.
* * * * * * * * * *
Section 17. That Article 3, Development Standards, Division 2, Accessory
Use /Structures, Section 3 -201, General, Community Development Code, be, and that same is
hereby amended to read as follows:
* * * * * * * * **
B. Standards. In addition to all the standards in this Development Code, accessory uses
and structures shall be established in accordance with the following standards:
* * * * * * * * * *
12. Exemption& Community gardens may be allowed as an accessory use and may be
located in front of the principal structure provided that each of the following are met:
a. The community garden shall not obstruct access to the primary use; and
b. The community garden shall not be located within any required perimeter
landscape buffer, interior landscape area, or foundation planting area.
13. Exemptions.
a. A two -car detached garage accessory to a detached dwelling shall be exempt
from the percentage requirements specified in section 3- 201.8.56 above
provided there is no other parking garage located on the site.
b. Swimming pools and spas shall not be included when calculating the amount of
permitted accessory uses /structures on a site.
c. Picnic tables, sheds, water pumps, etc. that are accessory to a community
garden shall be exempt from the location requirement specified in section 3-
201. B.4 above.
* * * * * * * * **
Section 18. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3 -601, Docks, Community Development Code, be, and the same is hereby
amended to read as follows:
* * * * * * * * * *
C. New docks.
1. Docks, boatlifts and service catwalks that serve single- family or two- family
dwellings.
* * * * * * * * **
Ordinance No. 8654 -15 Page 25
g. Deviations.
i) The community development coordinator may grant deviations
from the requirements of this section as a Level One (minimum
standard) approval provided that signed and notarized statements
of no objection are submitted from adjacent waterfront property
owners, as well as signed and notarized statements on the
Pinellas County Water and Navigation Control Authority permit
application. In the event that such statements cannot be obtained,
applications for deviations may be approved by the community
development coordinator, provided that the proposed dock will
result in no navigational conflicts. Such deviations may be
approved through a Level One (flexible standard) approval
process based on one of the following:
(a) The proposed dock location needs to be adjusted to
protect environmentally sensitive areas; or
(b) The property configuration or shallow water depth
precludes the placement of a dock in compliance with the
required dimensional standards; however, the proposed
dock will be similar in dimensional characteristics as
surrounding dock patterns.
ii) No dock shall be allowed to deviate from the length requirements
specified in 3- 601.C.1.b by more than an additional 50 percent of
the allowable length or project into the navigable portion of the
waterway by more than 25 percent of such waterway, whichever
length is less, except as stipulated in Section 3- 601.C.1.q.iii and iv
below. In no case shall the length of the dock exceed 250 feet,
iii) Deviations for dock length in excess of 250 feet that which is
permitted in 3- 601.C.1.a.ii above may be approved through a
Level Two (flexible development) approval process only under the
following conditions:
(a) A dock of lesser length poses a threat to the marine
environment, natural resources, wetlands habitats or water
quality; and
(b) A literal enforcement of the provisions of this section would
result in extreme hardship due to the unique nature of the
project and the applicant's property; and
(c) The deviation sought to be granted is the minimum
deviation that will make possible the reasonable use of the
applicant's property; and
Ordinance No. 8654 -15 Page 26
(d) The granting of the requested deviation will be in harmony
with the general intent and purpose of this section and will
not be injurious to the area involved or otherwise
detrimental or of adverse effect to the public interest and
welfare.
iv) Docks located on the east side of Clearwater Harbor adjacent to
the mainland may be allowed to deviate from the length
requirements specified in Section 3- 601.C.1.b up to a maximum
length equal to 25 percent of the navigable portion of the
waterway.
* * * * * * * * * *
Section 19. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3 -903, Required Setbacks, Community Development Code, be, and the
same is hereby amended to read as follows:
Section 3 -903. - Required setbacks.
* * * * * * * * **
F. Except for driveway access to garages, vehicular cross - access and shared parking, all
of which are regulated by subsection A., above; parking lots shall be set back from front
property lines a distance of 15 feet, and shall be set back from all other property lines a
distance that is consistent with the required perimeter landscape buffer width.
1. While perimeter landscape buffers are not required in the Tourist (T) District, the
above referenced setback shall be based upon Section 3- 1202.D.1., or at a
dimension consistent with the existing /proposed building setback, or at a
dimension consistent with setbacks required or otherwise established by Beach
by Design, whichever is less.
2. As perimeter landscape buffers are not required in the Downtown (D) District,
compliance with the above provision is not required. However, compliance with
the applicable Design Guidelines as set forth in the Clearwater Downtown
Redevelopment Plan must still be achieved.
3. Exceptions. Those setbacks to parking lots established above may be modified
as part of a Comprehensive Landscape Program pursuant to the criteria set forth
in Section 3- 1204.G.
34. This subsection is not applicable to detached dwelling uses where parking lots
are not permissible. The applicable provisions of Article 3, Division 14 would
apply.
* * * * * * * * * *
Section 20. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Section 3 -1202, General Landscaping Standards, Community Development Code,
be, and the same is hereby amended to read as follows:
Ordinance No. 8654 -15 Page 27
* * * * * * * * **
B. Plant material specifications. Except as provided in subsection f6 8 below, plant
materials which are utilized to satisfy the landscaping required by this development code
shall comply with the following minimum standards:
1. Minimum plant material standards:
PLANT
SIZE (at installation)
QUALITY
OTHER REQUIREMENTS
Shade
Tree
10' height
2.5" caliper
Florida
Grade #1
a. Use of live oak (City tree) is
encouraged,
however diversity is
species preferred over
meneoultore,
All materials shall be Florida Grade #1, and
b- -Must be planted a minimum of five feet from
any impervious area.
c. At least ten the total
percent of number of
trees shall be of a which
species exhibits
Accent
Tree
8' height
2" caliper
Florida
Grade #1
2 accent trees = 1 shade tree; unless overhead
lines are unavoidable; no more than 25% of
required trees may be accent trees. All
materials shall be Florida Grade #1.
Palm
Tree
10' clear trunk
Florida
Grade #1
Can be used to satisfy 75% of tree
requirements on Beach, Sand Key & Island
Estates, 25% elsewhere in the City. Staggered
clusters of 3 palm trees = 1 shade tree, except
for specimen palm trees such as: phoenix
canariensis (canary island date palm), phoenix
dactylifera (edible date palm) and phoenix
reclinata (senegal date palm), which count as
shade trees on a 1:1 ratio. All materials shall
be Florida Grade #1.
Shrubs
A.) 18 -24" in height when used in a
perimeter buffer - planted every 36 ",
(measured from the center of the
shrub) providing a 100% continuous
hedge which will be 36 ", high and
80% opaque 12 months from the
time a certificate of occupancy is
received (excluding drives and
visibility triangles where applicable)
B.) 14 -24" in height when used for
interior - planted every 30 " -36 ",
respectively (measured from the
center of the shrub)
with a 3 gallon minimum
Florida
Grade #1
-
- -
- - - - -
_ _ . . _ . _ - _ _ - _ :- -'-
- • - • -
_ _ _ . . _ _ _ _ _
Ground
Cover
1 gallon minimum - planted a
maximum of 24" O.C.
Florida
Grade44
Encouraged in lieu of turf to reduce irrigation
needs.
Turf
N/A
Dreamt
tolerant
varieties
Turf areas should be consolidated and limited
to areas of pedestrian traffic, recreation and
erosion control, and shall be a drought tolerant
species.
Ordinance No. 8654 -15
Page 28
2. Exception for single - family detached and two-family attached dwellings: The
above size requirements with regard to shade trees and accent trees shall not be
applied to single- family detached dwellings and two- family attached dwellings.
For those uses shade trees shall have minimum height of eight feet and
minimum caliper of two inches, and accent trees shall have minimum height of
six feet and minimum caliper of one inch.
23. Required landscaping that incorporates existing trees, in particular any native
plant material, is strongly encouraged and credit for the use of such materials
shall be given against the requirements of this division.
3. Plant materials shall be those which are native to Central Florida, consideFed
4. All plants shall be healthy, free of diseases and pests, and a native or a non-
invasive plant naturalized to Central Florida. Plants recommended in the Guide
of the Southwest Florida Water Management District, Florida Native Plant
Society, Florida Yards.ORG, University of Florida or other entity as approved by
the Community Development Coordinator shall be used.
45. A minimum variety of tree species shall be provided: each species shall provide a
minimum of ten percent of the total number of trees.
66.
10-19
20-29
30-49
50 —over
elsewhere in the city. Those species listed within Category I of the Florida Exotic
Pest Plant Council's most recent List of Invasive Plant Species will not be
accepted as a landscape material and shall not be permitted to be installed.
7 While all citrus species of trees may be planted, they will not be accepted as a
landscape material to meet landscape requirements.
68. The city manager may modify the size specifications of the trees required in this
section only if the applicant for development approval demonstrates to the city
manager that such size is not readily available in the market area and that the
proposed landscaping treatment is equal to or superior to the landscaping which
would have been provided with the larger trees.
C. Irrigation.
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
Ordinance No. 8654 -15
Page 29
2. If a single - family dwelling is required to install landscaping and an irrigation
system is not installed to maintain that landscaping, then a hose bib shall be
installed a maximum of 50 feet from the required landscaping.
3. All irrigation systems connected to the public potable water supply system shall
include a backflow preventer at the service connection.
4. All irrigation systems shall be installed so as to minimize spray upon any
impervious surface, such as sidewalks and paved areas.
5. All irrigation systems shall include a rain sensor /shut off device to avoid irrigation
during periods of sufficient rainfall.
6. Underground irrigation shall not be installed within the driplines of existing trees
unless root protection measures are provided.
7. If available, reclaimed water shall be used for irrigation purposes.
8. Low volume, drip, emitter, or target irrigation shall be used for trees, shrubs and
groundcovers unless physically impossible to install.
9. Turf grass areas shall be irrigated on separate irrigation zones from tree, shrub
and groundcover beds.
10. Retained trees, shrubs and native plant communities shall not be required to be
irrigated, unless directed to do so by the community development coordinator.
D. Perimeter buffers. Except in the downtown or tourist districts, excluding the Old Florida
District where landscaping requirements are defined in Beach By Design: A Preliminary
Design for Clearwater Beach and Design Guidelines, or in designated scenic corridors
with approved special plans, landscaping shall be installed in a perimeter buffer in
accordance with the standards in this division and the following table:
1. Perimeter landscaping requirements:
Ordinance No. 8654 -15
Page 30
400%4hrubs
400p4_Shrubs
1 Tree 135'
1 Tree /35'
4004°%-Sl bs
10044 bs
Min. 10' wide Min. 10' wide Min. 5' wide Min. 15' wide Min. 10' wide
buffer buffer buffer buffer buffer
100% Shrubs
(6' high within
3 years)
1 Tree / 35'
100% Shrubs
Min. 10' wide Min. 10' wide Min. 10' wide Min. 15' wide Min. 10' wide
buffer buffer buffer buffer buffer
1 Tree / 35'
100% Shrubs
(6' high within
3 nears)
100% Shrubs
2. Perimeter walls/fences within landscape buffers.
a. In addition to the above perimeter landscaping requirements, a decorative
perimeter wall or PVC fence that is six -feet in height shall be required and
located adiacent to that portion of the property line of the non - residential
use which is directly adiacent to any property designated as residential in
the zoning atlas. The wall or PVC fence shall have only those openings
as required to meet hurricane or severe storm construction standards, or
pedestrian ways necessary for neighborhood connectivity.
b. Exceptions: An exception to the above perimeter wall /fence requirement
may be permitted, pursuant to the processing and approval of a Level
One (Flexible Standard) application, where the wall would be redundant
to a wall already in existence on the adjacent property, or where the wall
would have a demonstrably negative impact on the adjacent property.
23. Front slopes of stormwater retention areas may comprise up to 50 percent of any
required landscape buffer width, provided that the slope is 4:1 or flatter and all
required shrub plantings are not more than six inches below the top of the bank
and provided that the buffer width is at least five feet in width.
34. Notwithstanding the provisions in subsection (1) above, any parcel of land
subject to the provisions of this division, which exceeds one acre in size, shall
have a minimum perimeter buffer width of ten feet.
45. Notwithstanding the provisions in subsection (1) above, the required landscaping
materials in a perimeter buffer may be increased if the prescribed landscaping
has little buffering value for an adjacent less intensive use due to unusual
Ordinance No. 8654 -15 Page 31
topographic conditions or where other unique circumstances exist, such as
swales, which merit special landscaping treatments.
6. Plantings associated with community gardens cannot be counted toward meeting
the perimeter landscaping requirements.
E. Interior landscaping.
1. Minimum interior landscaping standards — parking lots: Landscaping for the
interior of parking lots shall be provided in accordance with the following table:
a. Required interior islands.
1. 10% of gross vehicular use area or 12% of gross vehicular area if
parking spaces are greater than or equal to 110% of required
parking shall be provided in an island.
2. Interior islands shall be incorporated into parking lot designs so
that no more than 20 parking spaces are provided in a row.
b. Depth of interior islands. All interior landscape islands shall have a
minimum depth that is consistent with the depth of the adjacent off - street
parking space.
c. Width of interior islands. All interior landscape islands shall have a
minimum width of 17 feet as measured from back of curb to back of curb.
d. Required trees/plants in interior islands.
1. One shade tree, or accent/palm equivalent, shall be provided in
each interior landscape island.
2. One shade tree, or accent/palm equivalent, shall be provided per
150 square feet of required greenspace.
3. Shrubs shall be provided in an amount to equal or exceed 50% of
the required greenspace.
4. Groundcover shall be utilized for required greenspace in -lieu of
turf.
e. Plantings associated with community gardens cannot be counted toward
meeting the interior landscaping requirements.
f. Exemption. If the paved vehicular use area has a square footage of less
than 4,000, then it shall be exempt from the above requirements.
Required Interior Size (sq. ft.) of Dimension of
Use Area (sq. ft.) island (sq. ft.) interior Island Interior Island
a. 10% of gross 150 sq.
vehicular use area
or 12% of grog
vehicular area if
parkingciac°cs -care
greater than or
equal to 110% of
required parking
shall—be—provided
in an island.
b. Interior islands
shall be designed
Ordinance No. 8654 -15
ft. 8' grcenspasc,
from back of curb
to bask -ef rb
Required
Trees /Plants in
Interior Islands
1 Tree /island min.
(unless existing
trees are being
prccerved to eet
interim -tree
1 Tree /150 square
feet—of—required
greenspace
Shrubs: 50%
required
greenspace
Page 32
so that in most
be utilized for
than 10 parking fequired
spaces aro greenspace in lieu
e€#t1ff
ctaff may permit
flexibility -up o 15
4-47500 NONE REQUIRED
2. Foundation plantings shall be provided for 100 percent of a building facade with
frontage along a street right -of -way, excluding space necessary for building
ingress and egress, within a minimum five -foot wide landscaped area composed
of at least two accent trees (or palm equivalents) or three palms for every 40
linear feet of building facade and one shrub for every 20 square feet of required
landscaped area. A minimum of 50 percent of the area shall contain shrubs with
the remainder to be ground cover. Plantings associated with community gardens
cannot be counted toward meeting a foundation planting requirement.
* * * * * * * * **
H. Tree inventory. All tree inventories shall be performed by a certified arborist, and shall
comply with the following:
1. Tree evaluation grades. The following grading system shall be utilized to
evaluate existing trees and to indicate whether the tree is worthy of preservation
and /or removal:
1 Poor (nearly dead and /or hazardous): removal is required
2
3
4
Below average (declining, diseased, poor structure, potential hazard);
removal is required
Average (minor problems, minor decline, minor tip die back, minor
inclusion): problems can be corrected: worthy of preservation
Above average (healthy tree with only minor problems): worthy of
preservation
5 Outstanding (very healthy); shall be preserved
6 Specimen (unique in size, age, exceptional quality); shall be
-6
2. Tags. For sites greater than or equal to one acre in size, all trees shall be tagged
with aluminum tags and aluminum nails, or other method specifically approved by
the community development coordinator. The tag numbers must correlate to the
numbers in the tree inventory.
3. Off -site trees. All tree inventories shall include off -site trees up to 25 feet away
from the property line of the subject property.
Ordinance No. 8654 -15
Page 33
Section 21. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Section 3 -1205, Tree Protection, Community Development Code, be, and the same
is hereby amended to read as follows:
A. Removal permit — Required. No person may remove or cause to be removed any
protected tree or any palm with a ten -foot clear and straight trunk without first having
procured a permit as provided in Article 4, Division 12, with the noted exception of all
citrus species of trees which do not require a permit for removal.
* * * * * * * * * *
D. Tree and palm requirements and replacements. Tree and palm replacements shall be in
compliance with Section 3 1202(B)(1) Section 3- 1202.B. and the following:
1. Attached dwellings and non - residential properties. The total amount of DBH
removed from a multi - family or non - residential site shall be replaced on an inch -
for -inch basis.
2. Single- family detached dwelling and two - family attached dwelling properties. The
The total amount of DBH removed from single -
family detached dwelling or two- family attached dwelling properties (e.g. lot,
subdivision) shall be replaced on an inch - for -inch basis, or such deficit shall be
met by paving a fee of $48.00 per inch of DBH to the tree bank. However, the
number of trees on single- family detached dwelling or two - family attached
dwelling properties (e.g. lot, subdivision) shall not be less than as follows unless
otherwise determined by the Community Development Coordinator to be
unfeasible or physically impossible:
* * * * * * * * * *
Section 22 That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3 -1403, Parking Lot Surfaces, be, and that same is hereby amended to read as follows:
* * * * * * * * **
B. Grass surface.
1. No parking, displaying, or storing of motor vehicles shall be permitted on any
grass or other unpaved area unless specifically authorized in this section.
2. Eighty -five percent of parking required for places of worship, outdoor recreational
facilities and other uses as determined by the community development
coordinator may have a durable grass or other permeable surface.
3. Community gardens may provide parking spaces on the grass, provided that the
grass parking areas are clearly identified, dedicated and maintained in a clean
and un- deteriorated manner.
34. The city manager or the community development coordinator may permit parking
on the grass or other permeable surface for public purpose needs.
5. Any grass parking areas must be a minimum of ten feet from any tree.
Ordinance No. 8654 -15 Page 34
Section 23 That Article 3, Development Standards, Division 21, Temporary Uses,
Section 3 -2103, Allowable Temporary Uses, be, and that same is hereby amended to read as
follows:
Section 3 -2103. - Allowable temporary uses.
Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level
One approval in accordance with the provisions of Article 4, Division 3 as well as the specific
criteria pertaining to each temporary use:
* * * * * * * * * *
emergency housing.
2. Maximum of 18 months unlc^c a greater timc is authorized by resolution of the
e►l; -and
3. Upon determination by the city council that a particular neighborhood or area
utilities for water and sanitary sewer, unless such services are not
b. Adequate provisions shall be made for solid waste management in
1. Upon declaration of a state of housing emergency by the either the Pinellas
County Board of County Commissioners, or the City of Clearwater City Council,
those provisions set forth in the Pinellas County Code with regard to emergency
housing shall be applicable in those areas encompassed by the declaration.
* * * * * * * * * *
Section 24 That Article 3, Development Standards, Community Development Code,
is amended to add Division 26, Community Gardens, to read as follows:
DIVISION 26. COMMUNITY GARDENS AND URBAN FARMS
Section 3 -2601. Purpose and intent.
It is the purpose and intent of this division to establish appropriate standards which allow for
community gardens and urban farms, while mitigating any associated undesirable impacts.
Community gardens and urban farms may create impacts which can be detrimental to the
quality of life of adjacent property owners.
Section 3 -2602. Operational requirements.
A. Maintenance.
Ordinance No. 8654 -15 Page 35
1. The property shall be maintained in an orderly and neat condition consistent with
City property maintenance standards. No trash or debris shall be stored or
allowed to remain on the property.
2. Tools and supplies shall be stored indoors or removed from the property daily.
3. Large power tools (e.q., mowers, tillers) shall be stored at the rear of the
property.
4. Vegetative material (e.g., compost), additional dirt for distribution and other bulk
supplies shall be stored to the rear or center of the property, shall be kept in a
neat and orderly fashion and shall not create a visual blight or offensive odors.
5. The community garden or urban farm shall be designed and maintained to
prevent any chemical pesticide, fertilizer or other garden waste from draining off
of the property.
6. For the health and safety of all area residents, synthetic chemical fertilizers,
herbicides, weed killers, insecticides, and pesticides are not permitted in
community gardens. Herbicides and insecticides made from natural materials are
permitted, but are to be used sparingly and with caution. Pesticides and
fertilizers may only be stored on the property in a locked building and must
comply with any other applicable requirements for hazardous materials.
B. Sale of produce and plants. A community garden is not intended to be a commercial
enterprise. The produce and horticultural plants grown in a community garden are not
intended to be sold wholesale nor offered for sale on the premises.
C. Equipment. Mechanical equipment used in the operation of a community garden or
urban farm shall be limited to the following:
1. Community gardens.
a. Push mowers designed for personal household use.
b. Hand -held equipment designed for personal household use.
2. Urban farms.
a. Riding /push mowers designed for personal household use.
b. Hand -held tillers or edgers that may be gas or electrically powered.
c. Other hand -held equipment designed for personal household use that
creates minimal impacts related to the operation of said equipment,
including noise, odors and vibration.
D. Accessory structures. All accessory structures, including but not limited to picnic tables,
sheds, and water pumps, shall comply with the requirements of the zoning district and
the applicable provisions of Article 3, Division 2.
E. Parking. Community gardens are not required to provide off - street parking; however off -
street parking may still be provided. All off - street parking shall be grass parking, and
shall be provided consistent with the applicable provisions of Section 3- 1403.B.
F. Trash. The property owner shall coordinate the location and type of trash container
used on the site with the Department of Solid Waste. Trash containers shall be located
in the least obtrusive location possible.
Section 3 -2603. Establishment.
Ordinance No. 8654 -15 Page 36
A. Applications for community gardens or urban farms shall be processed as a Level One
approval (minimum development standards).
B. Applications shall include the contact information for the garden coordinator who shall be
responsible for the management of the community garden or urban farm. The applicant
shall be responsible for notifying the City of any updated contact information for the
garden coordinator.
C. Any community gardens or urban farms that are proposed to be located within 1,000 feet
of a potable water supply well, shall obtain a wellhead protection permit in accordance
with the applicable provisions of Code of Ordinances Chapter 24, Article III., Section
24.63.
D. Upon the establishment of the community garden or urban farm, the applicant, garden
coordinator, or designee shall have installed on the subject property and maintain a
posting of the contact information for the community garden or urban farm. This posting
shall not exceed four square feet in size.
Section 25 That Article 4, Development Review and Other Procedures, Division 6,
Level Three Approvals, Section 4 -604, Annexation, Community Development Code, be, and the
same is hereby amended to read as follows with subsections re- lettered as appropriate:
* * * * * * * * **
E. Standards for annexation. In considering whether to annex a particular parcel of
property, the city shall consider the extent to which:
1. The proposed annexation will impact city services.
2. The proposed annexation is consistent with the comprehensive plan.
3. The proposed annexation requires a change in the land use classification and
zoning category assigned to the property and the justification for such change.
�. The proposed annexation cxcccds the acreage threshold established by the
54. The proposed or existing development, if any, is consistent with city regulations.
65. The terms of a proposed annexation agreement, if any, promotes the city's
comprehensive plan.
F Standards for noncontiguous annexation. In considering whether to annex a particular
parcel of property that is not contiguous to city limits, the city shall consider the extent to
which:
1. The proposed annexation meets the definition of an enclave as defined in
Section 171.031(13)(a), Florida Statutes.
2. The proposed annexation meets the definition of noncontiguous as defined in
Section 171.031(11), Florida Statutes.
3. The proposed annexation is voluntary through the submission of a petition for
annexation by the current property owner.
4. The proposed annexation is not an existing agreement to annex.
5. The proposed annexation will impact city services.
6. The proposed annexation requires a change in the land use classification and
zoning category assigned to the property and the iustification for such change.
Ordinance No. 8654 -15 Page 37
7. The proposed or existinq development, if any, is consistent with the city
regulations.
8. The terms of a proposed annexation agreement, if any, promotes the city's
comprehensive plan.
FG. Impact fees. The annexation of property by city council shall not be effective until the
owner of the property to be annexed has paid applicable impact fees to the city.
Section 26. That Article 4, Development Review and Other Procedures, Division 7,
Subdivisions /Plats, Section 4 -702, Required Approvals, Community Development Code, be, and
the same is hereby amended to read as follows:
Section 4 -702. - Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and final plat
approval and is intended to be processed simultaneously with other required approvals.
Preliminary approval is granted by city staff for Level One (flexible standard) approvals and the
community development board for Level Two approvals. In the event a Level Two approval is
required, the preliminary plat is a required submission and will be reviewed and approved by the
community development board as part of that approval process. While on City
Council approval is required by state law for final plats, the approval process is ministerial,
assuming compliance with the preliminary plat approval and all requirements of the City Code. If
plat approval is required, final plat approval must be obtained before a building permit may be
issued.
Section 27. That Article 4, Development Review and Other Procedures, Division 10,
Sign Permit, Section 4 -1002, Permit Required, Community Development Code, be, and the
same is hereby amended to read as follows:
Section 4 -1002. - Permit required.
No sign shall be located, placed, erected, constructed, altered or extended without first
obtaining a sign permit, except for signs listed in Section 3- 4806 3 -1806.
Section 28. That Article 8, Definitions and Rules of Construction, Section 8 -102,
Definitions, Community Development Code, be, and the same is hereby amended to read as
follows:
* * * * * * * * **
Aquaponic systems means the symbiotic propagation of plants and fish in an indoor,
constructed and recirculating environment. For the purposes of this Code, an aquaponic
system shall constitute an urban farm.
* * * * * * * * * *
Ordinance No. 8654 -15 Page 38
Breweries means establishments with an annual beer production of between 15,000 and
6,000,000 barrels. A brewery may include a taproom as an accessory use. For the purposes of
this Code, a brewery shall constitute a manufacturing use.
Brewpubs means establishments that are primarily a restaurant or bar, but which include the
brewing of beer as an accessory use. A brew pub produces only enough beer for consumption
on the premises or for retail carryout sale in containers commonly referred to as growlers, which
hold no more than a U.S. gallon (3,785 m1/128 US fluid ounces). Brewpubs may sell beer in an
unlimited number of keg containers larger than a U.S. gallon for special events, the primary
purpose of which is the exposition of beers brewed by brewpubs and microbreweries, which
include the participation of at least three such brewers; and for City co- sponsored events where
the purpose of the event is not for commercial profit and where the beer is not wholesaled to the
event co- sponsors but is instead, dispensed by employees of the brewpub.
* * * * * * * * **
Community gardens means a use of property where more than one person grows produce
and /or horticultural plants for their personal consumption and enjoyment, for the consumption
and enjoyment of friends and relatives and /or donation to a not for profit organization.
Community gardens may also be designed for beautification of the community, and /or may be
used for educational purposes.
* * * * * * * * * *
Hydroponic systems means the propagation of plants using a mechanical system designed to
circulate a solution of minerals in water with limited use of growing media. For the purposes of
this Code, a hydroponic system shall constitute an urban farm.
* * * * * * * * **
Microbreweries means establishments that are primarily a brewery, which produce no more
than 15,000 barrels (465,000 US gallons/17,602.16 hectoliters) of beer per year, and includes
either a restaurant, bar or taproom as an accessory use. Microbreweries sell to the general
public by one or more of the following methods: the traditional three -tier system (brewer to
wholesaler to retailer to consumer): the two -tier system (brewer acting as wholesaler to retailer
to consumer); and, directly to the consumer for consumption on the premises or for retail
carryout sale. For the purposes of this Code micro - distilleries and micro - wineries shall
constitute a microbrewery.
Micro - distilleries means establishments that are primarily a distillery, which produce no more
than 75,000 US gallons of distilled spirits per year, and includes either a restaurant, bar or
tasting room as an accessory use. For the purposes of this Code, micro - distilleries shall
constitute a microbrewery.
Micro - wineries means a facility that uses grapes from outside sources instead of its own
vineyard to produce wine in quantities not to exceed 2,000 barrels per year, and includes either
a restaurant, bar or tasting room as an accessory use. For the purposes of this Code, micro -
wineries shall constitute a microbrewery.
* * * * * * * * * *
Ordinance No. 8654 -15 Page 39
Retail plazas means a building or group of buildings on the same property or adjoining
properties, but operating as and /or presenting a unified /cohesive appearance and generally but
not necessarily under common ownership and management, and which is partitioned into
separate units that utilize a common parking area, and is designed for a variety of
interchangeable uses including governmental, indoor recreation /entertainment, office,
restaurant, retail sales and service, and social /community center. In addition, bars, brewpubs,
medical clinics, nightclubs, and places of worship may also be incorporated into retail plazas
subject to their approval through the applicable Level One (Flexible Standard Development) or
Level Two (Flexible Development) approval process and meeting their respective flexibility
criteria.
* * * * * * * * **
Taproom means a room that is ancillary to the production of beer at a brewery, microbrewery
and brewpub where the public can purchase and /or consume alcoholic beverages.
Tasting room means a room that is ancillary to the production of spirits at a micro - distillery
where the public can purchase and /or consume the spirits.
* * * * * * * * **
Urban farms means a use of property where the growing, washing, packaging and storage of
produce and /or plants for wholesale or retail sales occurs. For the purposes of this Code, an
aquaponic or hydroponic system shall constitute an urban farm.
* * * * * * * * **
Section 29. That Appendix A – Schedule of Fees, Rates and Charges, V., Buildings
and Building Regulations, Community Development Code, be, and the same is hereby
amended to read as follows:
* * * * * * * * **
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with
building and related codes requiring a permit, the following schedule of fees shall apply:
* * * * * * * * **
(j) Tree removal permits:
1. Permit fee:
a. For removal of 1 -5 trees 15.00
b. Per tree over 5 3.00
2. Fee for appeal following denial of permit 25.00
3. Reinspection fee, per additional inspection 25.00
4. Special inspection fee .....25.00
5. These fees shall be paid prior to the issuance of permits and such fees
shall be nonrefundable.
6. The above fees may be waived by the community development
coordinator, but only when in conjunction with a public water /sewer
project on private property.
* * * * * * * * * *
Ordinance No. 8654 -15 Page 40
Section 30. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348 -99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 31. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 32. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 33. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 34. This ordinance shall take effect immediately upon adoption.
JAN 1 5 2015
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Camilo Soto
Assistant City Attorney
Ordinance No. 8654 -15
FEB 0 5 2015
-c wig /Crt ttko$
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Page 41